Sizwe is 17 years old. Without telling them that he is under 18, he agrees to buy a music system on credit for R2 000 from Flash Music. He agrees to pay the money over a year. His father does not know that he has bought the music system. Sizwe runs into financial trouble and cannot pay back his monthly account for the music system. Flash Music decides to claim the remaining money from Sizwe’s father because Sizwe is a minor.

What does the Law Say?

Sizwe is a minor, so he is not bound by the contract. Flash Music cannot sue Sizwe or his father for the debt.

Sizwe does not have to pay the remaining money that he owes. But he cannot keep the music system. (See: Can a minor enter into a contract?)

What Can He Do?

If Sizwe wants to keep the music system, he must pay the R2 000. If he wants to cancel the contract, he must return the music system and then also get back anything which he has already paid.